Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Dover and at the same time appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:
A. The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
(1) The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2) The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3) The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4) The need for such facility or use(s) to serve the area in which it is to be located.
(5) The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(6) The adequacy of plans for screening any adverse aspects of the use(s) and/or structures) from adjoining properties.
(7) The adequacy of proposed outdoor lighting.
(8) Compliance with the performance standards under
(9) Compliance with the standards, principles and objectives of the Master Plan of the Township of Dover.
C. All conditional uses shall also be required to obtain site plan approval, unless otherwise specifed in this chapter.
D. Conditional uses shall adhere to the additional standards specified for the particular use under this article except where no additional standards are specified herein.
E. No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
Multifamily dwellings may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and those additional standards established for multifamily dwellings under
Motor vehicle service stations may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
B. Motor vehicle service stations shall have a lot area of not less than 15,000 square feet with a minimum frontage of 100 feet on one street. If the lot requirements for the zone are greater, they shall take precedence. [Amended 8-14-1991 by Ord. No. 2848-91]
C. (Reserved)
D. (Reserved)'-19
E. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five during working hours and no more than three overnight. Overnight outdoor storage of more than three vehicles shall be prohibited.
F. (Reserved)
G. No outdoor oil drainage pits or hydraulic lifts shall be permitted.
H. Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.
I. Coin-operated service stations are not permitted.
J. No auto bodywork shall be permitted.
K. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.
L. Sale of new or used cars is prohibited.
M. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
N. The maximum lot coverage by buildings shall be 10% of the lot area and a maximum of 20% of the lot area with a canopy. [Amended 4-11-1990 by Ord. No. 2729-90; 12-9-2003 by Ord. No. 3843-03]
O. The minimum unoccupied open space shall be 30% of the lot area.
P. The canopy setback shall be 25 feet. [Added 4-11-1990 by Ord. No. 2729-90; amended 8-14-1991 by Ord. No. 2848-91]
Q. All motor vehicle service stations shall have frontage on and access to a roadway classified as a principal arterial. [Added 8-14-1991 by Ord. No. 2848-91]
Churches and places of worship may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. The minimum lot area shall be two acres.
B. The minimum lot width shall be 200 feet.
C. No principal building shall be located closer than 50 feet to any side or rear property line.
D. No accessory building shall be located closer than 30 feet to any side or rear residential property line.
E. Maximum lot coverage by buildings shall be 15%. [Amended 12-9-2003 by Ord. No. 3843-03]
F. Minimum unoccupied open space shall be 20%.
G. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
H. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]
Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. Adequate and attractive fences and other safety devices will be provided.
D. Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.
E. All of the setback and building coverage requirements of the respective zone will be met, except that no setback (front, side or rear) of any structure shall be less than 125% of the height of the structure.
F. The proposed use shall be located on a lot of not less than 20,000 square feet.
Nursery schools and day nurseries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. A statement setting forth full particulars on the building and/or use is submitted.
B. The lot upon which such use is proposed shall conform to the following standards and requirements:
(1) Minimum lot area: two acres.
(3) Minimum side and rear yard setbacks: 50 feet.
(4) Maximum lot coverage by buildings: 10%. [Amended 12-9-2003 by Ord. No. 3843-03]
(5) Minimum unoccupied open space: 40%.
C. Accessory buildings shall not be located closer than 30 feet to any residential property line.
D. The property must front on and have access to a roadway classified as a major collector or minor or principal arterial roadway.
E. The maximum floor area in any single building used as a nursery school or day nursery shall be limited to 5,000 square feet above grade; and any areas constructed below grade shall not be utilized to house recreation or classroom areas.
F. Architectural approvals for the building exterior shall be at the sole discretion of the Planning Board and shall conform to the architecture of buildings in the area.
Health care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following;
A. A statement setting forth the full particulars on the building and/or use is submitted.
B. The lot upon which the use is proposed shall conform to the following standards and requirements:
(1) (Reserved)
(5)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]
(6) Minimum unoccupied open space: 20%
C. (Reserved)
D. Basement areas shall not be utilized to house patients or recreation areas. [Amended 7-10-1991 by Ord. No. 2840-91]
E. Any health care facility shall be licensed by and/or meet all appropriate standards of federal, state and county regulatory agencies.
F. The property must front on and have access to a roadway classified as a principal arterial roadway. [Added 7-10-19')1 by Ord. No. 2840-91; amended 10-27-1993 by Ord. No. 3009-93]
Cemeteries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. Grave sites shall be set back a minimum of 100 feet from any street line and 50 feet from all other property lines.
B. Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.
C. Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 100 feet to any street line.
Boatyards and/or marinas may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. No principal or accessory building shall be located closer than 50 feet to any street line or 25 feet to other property lines, except that buildings for boat construction, repair or maintenance shall not be located closer than 50 feet to any property line.
B. Boats shall not be stored or displayed closer than 35 feet to any street line or 20 feet to any other property line.
C. No railway or other launching facility shall be located closer than 20 feet to any property line.
D. Adequate utilities shall be supplied to each boat slip, including electricity, lighting and water supply.
